3 weeks ago
Supreme Court Allows Abhishek Banerjee Foreign Travel for Eye Treatment
Abhishek Banerjee is an important politician in India who leads a big political party.
Many years ago, he hurt his eye in a road accident, and doctors have been taking care of him since then.
He wanted to fly to another country to see a special eye doctor from the United States.
At first, a lower court said no, because they wanted him to be checked first by doctors at a government hospital in India.
Banerjee did not want to do that, so his lawyers asked the highest court in the country, the Supreme Court, for help.
The Supreme Court judges said everyone has the right to travel abroad and to choose their own doctor, so they said yes.
He can travel for three weeks in September, but he must tell the investigators his flight details, where he will stay, and the name of the hospital he will visit.
Some other politicians were worried he might run away and not come back because he is facing court cases.
The judges said the information he shares must be kept secret, so Banerjee will get a chance to see the special eye doctor he wants.
The Supreme Court on Monday, August 10, permitted TMC MP Abhishek Banerjee to travel abroad for three weeks in September for eye treatment.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana held that every individual has a right to travel abroad and choose their medical treatment.
The Calcutta High Court had on August 5 dismissed Banerjee's plea after he declined to appear before the medical board at the state-run SSKM Hospital.
Banerjee must travel on his diplomatic passport and furnish his itinerary, place of stay, flight details, and doctor and hospital details, which the agencies must keep confidential.
The West Bengal government opposed the travel, citing sixteen cases and fears he might not return, while his counsel argued he is an MP with family in Kolkata and had returned from earlier overseas trips.
- Who
- Trinamool Congress (TMC) national general secretary and Diamond Harbour MP Abhishek Banerjee; the order was passed by a Supreme Court bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana.
- What
- Banerjee was permitted to travel abroad for three weeks in September for eye treatment, on his diplomatic passport, subject to furnishing a confidential itinerary and treatment details.
- Where
- The order was passed by the Supreme Court of India in New Delhi; his earlier treatment was with a specialist in the United States.
- When
- The order was passed on Monday, August 10; travel is permitted for three weeks in September.
- Why
- To receive eye treatment abroad; the Court held that every individual has a right to travel abroad and to choose medical treatment, overruling the West Bengal government's objections.
Banerjee and His Counsel
West Bengal Government and BJP Opponents
Medical Evaluation Requirement
Banerjee and His Counsel
Banerjee wants to continue treatment with the specialist who earlier operated on him in the United States and is unwilling to undergo treatment or evaluation at SSKM Hospital in Kolkata.
West Bengal Government and BJP Opponents
The state and the High Court argued an independent medical board at SSKM Hospital should first assess whether overseas treatment was genuinely needed, and that refusing to appear should draw an adverse inference.
Risk of Fleeing the Country
Banerjee and His Counsel
Counsel argued there was no chance of absconding because Banerjee is an MP, general secretary of a national party, and has his wife and children in Kolkata; he returned after earlier overseas trips.
West Bengal Government and BJP Opponents
The state cited sixteen cases and apprehension that he may not return; BJP leaders alleged he could exploit his diplomatic passport to evade Indian law in a country without an extradition treaty.
Timing of the Pending Cases
Banerjee and His Counsel
Banerjee's counsel said the cases were filed only after elections were declared on May 5 / after the change of government, suggesting they were politically motivated.
West Bengal Government and BJP Opponents
The Additional Solicitor General countered that the previous dispensation did not dare to file cases, implying the cases are genuine and serious.
Key facts
- Court
- Supreme Court of India
- Petitioner
- Abhishek Banerjee, TMC MP from Diamond Harbour and national general secretary
- Relief granted
- Three weeks of foreign travel in September for eye treatment
- Bench
- CJI Surya Kant, Justices Joymalya Bagchi and V Mohana
- Prior ruling
- Calcutta High Court dismissed the plea on August 5, citing unwillingness to appear before the SSKM Hospital medical board
- Conditions
- Travel on diplomatic passport; furnish itinerary, flight, stay, and doctor/hospital details, kept confidential
- Legal context
- Police case over alleged provocative remarks during the West Bengal Assembly election campaign; state cited sixteen cases against him
- Medical background
- Eye injury from a 2016 road accident on the Durgapur Expressway
Quotes
Justice Saugata Bhattacharyya
Judge of the Supreme Court of India, overseeing the case
“It is important for him to get treatment but if it can be done in Kolkata or anywhere in India then there is no need to go abroad…whether it is abroad is immaterial. It is ensured that he will get appropriate treatment,”
telegraphindia.com
“"Every individual has a right to travel abroad. Every individual has a right to choose his medical treatment. That is not for you to decide."”
thestatesman.com
thehansindia.com
telegraphindia.com
NDTV
Agnimitra Paul
West Bengal minister and senior BJP leader
“"If he needs treatment, we can arrange the best facilities in a state government hospital. Lakhs of people are treated here. There could be a plan to escape from the country."”
NDTV
Sources
‘Every individual has a right…’: Supreme Court allows Abhishek Banerjee to travel abroad for eye treatment
SC permits TMC MP Banerjee to go abroad for 3 weeks
Abhishek Banerjee gets Supreme Court nod to travel abroad for 3 weeks for eye treatment
SC clears foreign travel for Abhishek, cites right to 'medical treatment of choice'
Supreme Court Allows Abhishek Banerjee To Travel Abroad For 3 Weeks For Eye Treatment
‘His choice’: Supreme Court allows TMC’s Abhishek Banerjee to seek treatment abroad
SC permits TMC MP Abhishek Banerjee to travel abroad for 3 weeks for eye treatment
Supreme Court Allows Abhishek Banerjee To Travel Abroad For Eye Treatment
Supreme Court permits Trinamool Congress MP Abhishek Banerjee to travel abroad for eye treatment
SC permits Abhishek Banerjee to travel abroad for 3 weeks
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